- (1.) When the petitioner was posted as Junior Engineer in Tubewell Division, Chapra, some irregularities were noticed and vide order dated 13.04.2004 (Annexure- 1 to the writ petition), he was placed under suspension by the State of Bihar. Vide order dated 16.04.2004, petitioner was chargesheeted on four counts:- (I) Petitioner, without adjusting previous advance, has received funds for further advance. Therefore, he has misused his official position. (II) Petitioner has purchased items by receiving managed quotation on the higher rates. (III) Petitioner, without getting repairs done of the tubewells in Roja, Balia, Mane and Kewani, has released the funds. Therefore, he has embezzled the funds with the collusion of the contractors. (IV) Petitioner, without getting any repair done of the Akor tubewell, has released the fund with ulterior motive to embezzle the same. Enquiry Officer/Chief Engineer (North), on the basis of material and evidence made available before him, has opined that Charge Nos. I, II, III and IV are not proved. However, while discussing the Charge No. III, he has found that the petitioner is guilty of recording measurements without following the procedure of measurements, therefore, has committed irregularities by not following the procedure of the measurements.
(2.) Government of Bihar, vide order dated 31.08.2005, had decided to award punishment of 'warning' as well as not to pay any salary for the period petitioner remained under suspension with the stipulation that period of suspension, however, shall be counted for the other purposes vis. Pension. Order dated 31.08.2005, Annexure- 5 to the writ petition, was forwarded to the State of Jharkhand for necessary action because meanwhile, petitioner was allocated to the State of Jharkhand. On the basis of Annexure-5, State of Jharkhand has passed the order dated 28.10.2005 (Annexure- 7 to the writ petition) on the same line. Feeling aggrieved, petitioner has approached this Court under Article 226 of the Constitution of India.
(3.) I have heard learned counsel for the parties and have perused the record.;